Pueblo de San Ildefonso Law Library

Resolution No. SI-R17-040: Act Rescinding the Delegation of the Pueblo de San Ildefonso's Governance Authority over the Santa Fe Indian School Trust Lands

At a duly called meeting of the Council of San Ildefonso Pueblo on the 21st day of November, 2017, the following Resolution was adopted:

WHEREAS, the Pueblo de San Ildefonso ("Pueblo") is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

WHEREAS, the sovereign authority of the Pueblo is vested in its Council and Governor; and

WHEREAS, pursuant to the Santa Fe Indian School Act, 114 Stat. 2868, (2000), approximately 115 acres of land, which includes the Santa Fe Indian School ("SFIS"), were taken into trust by the U.S. for the benefit of the 19 Pueblos ("the SFIS Trust Lands"); and

WHEREAS, in 2004, the Pueblo de San Ildefonso, as a joint owner of the SFIS Trust Lands, delegated its authority on all matters related to the governance, operation and administration of the SFIS Trust Lands to the SFIS, Inc. and its Board of Trustees, the entity also responsible for educational functions of the Santa Fe Indian School; and

WHEREAS, in 2010, out of concern that the SFIS, Inc. was focusing on the development of the SFIS Trust Lands rather than on the educational mission of the SFIS, the Pueblo Council rescinded its 2004 resolution that granted broad governance authority to the SFIS Board of Trustees, and by its 2010 resolution, limited the delegation of Pueblo's governance authority to SFIS, Inc.; and

WHEREAS, in 2012, the Governors continued to raise concerns that economic development and governance of the SFIS Trust Lands was taking priority over education, and directed the SFIS Inc. Board of Trustees to separate educational functions of the School from economic development projects and governance on the SFIS Trust Lands, and bring back different options on how this could be done; and

WHEREAS, in 2015, at the request of SFIS, Inc., the Pueblo passed Resolution No. SI-R15-015 to grant limited governance authority to the SFIS, Inc. to enter into agreements for emergency response situations and to address specific land management issues since those authorities had been rescinded by the Pueblo in 2010; and

WHEREAS in 2016, after a thorough evaluation of the need to separate governance authority for the SFIS Trust Lands and the educational authority for the SFIS, and at the request of SFIS, Inc., the Pueblo passed Resolution No. SI-R16-005 which rescinded its two prior resolutions, SI-R10-040 and SI-R15-015, and delegated governance authority over the SFIS Trust Lands to the Albuquerque Indian School District ("AISD") Governing Council; and

WHEREAS, the Council determined that it was in the best interest of the Pueblo and SFIS to delegate the Pueblo's authority over the SFIS Trust Lands to its Governor when sitting on the AISD Governing Council so that Governors are making governance decisions for the SFIS Trust Lands, thus allowing the Board of Trustees to focus on the educational and operational activities of the SFIS; and

WHEREAS, all of the 19 Pueblos passed similar resolutions that delegated their Governor governance authority over the SFIS Trust Lands when sitting as the AISD Governing Council; and

WHEREAS, despite the directive of this Pueblo's Tribal Council, and the other 18 Pueblo Tribal Councils, to move governance to the AISD Governing Council, the SFIS Board of Trustees took actions that the Council believes are contrary to the directives of this Pueblo's delegation resolution; and

WHEREAS, the Council determines that it is in the best interest of the Pueblo as a joint owner of the SFIS Trust Lands, to rescind its Resolution No. SI-R16-005, and to reassume and reserve the Pueblo's governance authority over the SFIS Trust Lands for all matters of governance and to limit the Pueblo's delegated authority to the SFIS, Inc. Board of Trustees to the educational and operational functions of the SFIS.

NOW THEREFORE BE IT RESOLVED, that the Council hereby:

1. Rescinds Council Resolution No. SI-R16-005 in its entirety and repeals the law entitled "Delegating to the Governor Certain Governmental Authority of the Pueblo de San Ildefonso over the Santa Fe Indian School Trust Lands," and

2. Reassumes and reserves all of the Pueblo's governance authority over the Santa Fe Indian School Trust Lands for all matters of governance, and authorizes the SFIS, Inc. Board of Trustees to be responsible for the educational and operational functions of the SFIS, in

accordance with the terms in the attached law entitled "ACT RESCINDING THE DELEGATION OF THE PUEBLO DE SAN ILDEFONSO'S GOVERNANCE AUTHORITY OVER THE SANTA FE INDIAN SCHOOL TRUST LANDS."

BE IT FINALLY RESOLVED, that the Pueblo de San Ildefonso Council hereby approves and adopts this resolution in accordance with the requirements of the Agreement, according to Council procedures, and authorizes and directs the Governor, or his designee, to take such actions as deemed necessary to carry out the intent of this resolution.

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on November 21, 2017, at a meeting with a vote of 7 in favor, 1 opposed, 1 abstaining and 1 absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

Irene Tse-Pe, Council Secretary

COUNCIL REPRESENTATIVE SPONSOR(S): Council Representative Perry Martinez

COUNCIL REPRESENTATIVE YES NO ABSTAIN ABSENT
Glenda Fred-Weahkee X
Terrence K. Garcia X
Thomas Gonzales X
Darryl Martinez X
M. Wayne Martinez X
Perry Martinez X
Tim Martinez X
Christopher Moquino X
Donald Pena X
Irene Tse-Pe X

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R17-040 was presented to the Governor of the Pueblo de San Ildefonso on the 21st day of November, 2017, pursuant to the Governing document of the Pueblo de San Ildefonso ("Agreement"), GOVERNOR, Sec. 4 (c), and will become effective after signature by the Governor or veto override by the Council.

Irene Tse-Pe, Council Secretary

GOVERNOR'S ACTION:

{ } APPROVED

{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:

On this __________ day of ________________________, 2017.

James R. Mountain, Governor

Presented by the Governor to the Council on the ____ day of ____________, 2017.

COUNCIL'S ACTION:

Override of Governor's veto:

{ } YES

{ } NO

COUNCIL REPRESENTATIVE YES NO ABSTAIN ABSENT
Glenda Fred-Weahkee
Terrence K. Garcia
Thomas Gonzales
Darryl Martinez
M. Wayne Martinez
Perry Martinez
Tim Martinez
Christopher Moquino
Donald Pena
Irene Tse-Pe

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on _________________, 2017, at a meeting with a vote of ______ in favor, _____ opposed, _____ abstaining and _____ absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

Irene Tse-Pe, Council Secretary

ACT RESCINDING THE DELEGATION OF THE PUEBLO DE SAN ILDEFONSO'S GOVERNANCE AUTHORITY OVER THE SANTA FE INDIAN SCHOOL TRUST LANDS

Section 1.1. Title

This enactment shall be known as "ACT RESCINDING THE DELEGATION OF THE PUEBLO DE SAN ILDEFONSO'S GOVERNANCE AUTHORITY OVER THE SANTA FE INDIAN SCHOOL TRUST LANDS."

Section 1.2. Definitions

(a) "AISD" shall mean the Albuquerque Indian School District, a political subdivision established by the 19 Pueblos as joint owners of the trust lands in Albuquerque held in trust by the United States for the benefit of the 19 Pueblos.

(b) "Council" shall mean the Council of the Pueblo de San Ildefonso.

(c) "Governor" shall mean the Governor of the Pueblo de San Ildefonso.

(d) "Pueblo" shall mean the Pueblo de San Ildefonso.

(e) "SFIS" shall mean the Santa Fe Indian School, a school owned and operated by the 19 Pueblos and which the Pueblo is a 1/19 owner.

(f) "SFIS, Inc." shall mean the Santa Fe Indian School, Inc., a non-profit entity established by the 19 Pueblos for the operation of the SFIS.

(g) "SFIS Trust Lands" shall mean the approximately 115 acres of land, which includes the Santa Fe Indian School ("SFIS"), taken into trust by the U.S. for the benefit of the 19 Pueblos ("the SFIS Trust Lands") pursuant to Santa Fe Indian School Act, 114 Stat. 2868, (2000).

Section 1.3. Purpose

The purpose of this law is to rescind the Council's previous delegation of governance authority over the SFIS Trust Lands that was delegated to the Governor as a member of the AISD Governing Council and for the Pueblo to reassume and reserve all of the Pueblo's governance authority over the SFIS Trust Lands.

Section 1.4. Findings

The Council hereby finds and declares that:

(a) The sovereign authority of the Pueblo is vested in its Council and Governor.

(b) Pursuant to the Santa Fe Indian School Act, 114 Stat. 2868, (2000), the Santa Fe Indian School Trust Lands consisting of approximately 115 acres of land, which includes the SFIS, were taken into trust by the U.S. for the benefit of the 19 Pueblos.

(c) In 2004, the Pueblo de San Ildefonso, as a joint owner of the SFIS Trust Lands, delegated its authority on all matters related to the governance, operation and administration of the SFIS Trust Lands to the SFIS, Inc. and its Board of Trustees, the entity also responsible for educational functions of the Santa Fe Indian School.

(d) In 2010, out of concern that the SFIS, Inc. was focusing on the development of the SFIS Trust Lands rather than on the educational mission of the SFIS, the Pueblo Council rescinded its 2004 resolution that granted broad governance authority to the SFIS Board of Trustees, and by its 2010 resolution, limited the delegation of Pueblo's governance authority to SFIS, Inc.

(e) In 2012, the Governors continued to raise concerns that economic development and governance of the SFIS Trust Lands was taking priority over education, and the SFIS Inc. Board of Trustees committed to the separation of educational functions of the School and economic development projects on the SFIS Trust Lands, and further committed to work with the 19 Pueblo Governors and their Tribal Councils before proceeding with any change in governance activity.

(f) In 2015, at the request of SFIS, Inc., the Pueblo passed Resolution No. SI-R15-015 to grant limited governance authority to the SFIS, Inc. to enter into agreements for emergency response situations and to address specific land management issues since those authorities had been rescinded by the Pueblo in 2010.

(g) In 2016, after a thorough evaluation of the need to separate governance authority for the SFIS Trust Lands and the educational authority for the SFIS, and at the request of SFIS, Inc., the Pueblo passed Resolution No. SI-R16-005 which rescinded its two prior resolutions, SI-R10-040 and SI-R15-015, and delegated the Pueblo's governance authority over the SFIS Trust Lands to the Albuquerque Indian School District ("AISD") Governing Council.

(h) The Council determined that it was in the best interest of the Pueblo and SFIS to delegate the Pueblo's authority over the SFIS Trust Lands to its Governor when sitting on the AISD Governing Council so that Governors are making governance decisions for the SFIS Trust Lands, thus keeping educational matters separate and allowing the Board of Trustees to focus on the educational and operational activities of the SFIS.

(i) All of the 19 Pueblos passed similar resolutions that delegated their Governor the governance authority over the SFIS Trust Lands when sitting as the AISD Governing Council.

(j) Despite the directive of this Pueblo's Tribal Council, and the other 18 Pueblo Tribal Councils, to move governance to the AISD Governing Council, the SFIS Board of Trustees took actions that the Council believes are contrary to the directives of this Pueblo's delegation resolution.

(k) The Council determines that it is in the best interest of the Pueblo as a joint owner of the SFIS Trust Lands, to now rescind its Resolution No. SI-R16-005, that delegated authority to the AISD Governing Council for the SFIS Trust Lands, and for the Pueblo to reassume and reserve the Pueblo's governance authority over the SFIS Trust Lands.

(l) The Council determines that it is in the best interest of the Pueblo, as an owner of the SFIS, as well as the SFIS students, that the SFIS, Inc. Board of Trustees focus on the educational and operational functions of the SFIS.

Section 1.5. Governance Authority on SFIS Trust Lands

(a) The Council hereby rescinds Pueblo de San Ildefonso Council Resolution No. SI-R16-005, adopted on May 13, 2016, in its entirety and such resolution shall have no force and effect.

(b) The Council reassumes and reserves to itself all of the Pueblo's governance authority over the SFIS Trust Lands.

(c) The SFIS, Inc. Board of Trustees is directed to present any matters relating to governance of the SFIS Trust Lands to the Council for direction and approval.

Section 1.6. Delegation of Educational Authority

(a) The Council delegates the Pueblo's authority to the SFIS, Inc. Board of Trustees to the educational and operational functions of the SFIS.

(b) This delegation of educational authority does not extend to a change in the educational or organizational structure of the SFIS, or amendment of the Santa Fe Indian School Act. Such matters shall require Council approval.

Law Information

Cites

  • Council Resolution No. SI-R17-040

Effective

November 23, 2017